Download Guide to maternity leave and pay and post maternity rights (April 2016)

University of Worcester
Overview of / Guide to Maternity Leave, Pay and Post Maternity Rights - Revised March
2011; January 2016; April 2016
This guide outlines Statutory and Occupational Maternity rights and responsibilities /
procedures to follow for employees with an expected week of childbirth beginning on or after
5th April 2015. In addition it also provides details of post maternity rights and useful sources
of information.
Shared Parental Leave
Information on shared parental leave and pay is contained in a separate guide, available
from the HR web pages, and applies to births or adoptions expected on or after 5 April 2015.
This enables a mother/main adopter, having taken a minimum of two weeks’ maternity leave,
to choose to bring to an end her maternity leave and share the remaining leave and pay
with the other parent or her partner (including same sex partner), so long as they meet
certain eligibility criteria.
The University recognizes that employees may have questions or concerns relating to their
maternity rights. It is the University’s policy to encourage open discussion with employees to
ensure that questions and problems can be resolved as quickly as possible. As the maternity
provisions are complex, when an employee becomes pregnant she is strongly advised to
organize a meeting with a HR Adviser to discuss the relevant procedures to ensure that they
are followed correctly.
Standard/Useful terms used in this document:
Expected week of childbirth: the week, starting on a Sunday, during which the employee’s
doctor or midwife expects her to give birth
KIT days – Keeping In Touch Days are mutually agreed between the employee and line
manager and enable the employee to come into work for up to 10 days without losing their
statutory maternity pay
MatB1: the medical certificate issued to the employee by their midwife confirming the date
their baby is due. It is issued around 11 weeks before the due date and the original is
required by the University
Qualifying week: the 15th week before the expected week of childbirth
SMP: Statutory Maternity Pay which is set by the Government and reviewed each April
1. Health and Safety
On becoming pregnant, an employee is strongly advised to notify her line manager as
soon as possible. This is important as there are health and safety considerations for the
employee and her unborn child, and the University, in respect of the work she undertakes
and the environment she works in.
The University’s Health and Safety Co-ordinator will organize for a risk assessment to be
carried out to assess workplace risks to employees who are pregnant, have recently given
birth or are breast feeding.
If applicable the University will provide the employee with information as to any risks
identified in the risk assessment. If the risk assessment reveals that an employee would be
exposed to health hazards in carrying out her normal job duties, the University will take such
steps as are reasonably necessary to avoid those risks, such as altering an employee’s
working conditions. In some cases, this may mean offering an employee suitable alternative
work, if available, on terms and conditions that are not substantially less favourable.
If it is not possible for the University to alter an employee’s working conditions to remove the
risks to her health, and there is no suitable alternative work available to offer her on a
temporary basis, the University may suspend her from work on maternity grounds until such
time as there are no longer any risks to her health. This may be for the remainder of her
pregnancy or until the commencement of her maternity leave. If an employee is suspended
in these circumstances, her employment will continue during the period of the suspension
and it does not in any way affect her statutory or contractual employment and maternity
rights. An employee will be entitled to her normal salary and contractual benefits during the
period of her suspension, unless she has unreasonably refused an offer of suitable
alternative employment.
2. Antenatal Care
An employee, regardless of her length of service with the University, has the right to
reasonable paid time off, inclusive of travelling time, to attend for antenatal care made on the
advice of a doctor, midwife or health visitor, e.g. medical examinations, relaxation and parent
craft classes.
Except in the case of the first appointment, an employee should produce evidence of
appointments, such as a medical certificate or appointment card, if requested to do so. An
employee should endeavour to give her line manager as much notice as possible of
antenatal appointments, and wherever possible, try to arrange them as near to the start or
end of the working day as possible.
For information on Antenatal Rights for fathers and partners to take unpaid time off to
accompany their partner at up to two antenatal appointments please refer to Overview of
Guide to Paternity Leave, Pay and Post Paternity Rights on the HR web pages.
3. Maternity Leave
All pregnant employees, regardless of the number of hours they work or their length of
service, are entitled to take:
 Up to 26 weeks’ ordinary maternity leave, and
 Up to a further 26 weeks’ additional maternity leave which has to follow on
immediately from the end of the period of ordinary maternity leave, and
 To resume work afterwards if the duration of her contract enables her to do so.
An employee is therefore entitled up to a total of 52 weeks continuous maternity leave.
During the period of ordinary maternity leave, an employee’s contract of employment
continues in force and she is entitled to receive all her contractual benefits, except for salary.
In particular, any benefits in kind will continue: contractual annual leave entitlement will
continue to accrue; and pension contributions will continue to be made provided the
employee is receiving statutory maternity pay (SMP). Employee contributions will be based
on actual pay, while employer contributions will be based on the salary that the employee
would have received had she not gone on maternity leave.
Salary, depending on eligibility will be replaced either by contractual maternity pay, Statutory
Maternity Pay (SMP), or Maternity Allowance.
Employees are encouraged to take any outstanding annual leave due to them before the
commencement of ordinary maternity leave. If an employee wants to carry over accrued
annual leave to the following year she must obtain her line manager’s approval.
On resuming work after ordinary maternity leave, an employee is entitled to return to the
same job as she occupied before commencing maternity leave on the same terms and
conditions of employment as if she had not been absent.
During the period of additional maternity leave an employee’s contract of employment
continues in force and she is entitled to receive all her contractual benefits, except for salary.
Any benefits in kind will continue and contractual annual leave will continue to accrue.
Salary will be replaced by statutory maternity pay (SMP) for the first 13 weeks of additional
maternity leave if the employee is eligible to receive it. The remaining 13 weeks of additional
maternity leave are unpaid.
Pension contributions will continue to be made during the period when an employee is
receiving SMP but not during any period of unpaid additional maternity leave. Please refer to
section 24 Pensions during maternity for further details.
On resuming work after additional maternity leave, an employee again is entitled to return to
the same job as she occupied before commencing maternity leave on the same terms and
conditions of employment as if she had not been absent. However, if it is not reasonably
practical for the University to allow an employee to return to the same job, the University
may offer an employee suitable alternative work, on terms and conditions that are no less
favourable than would have applied if she had not been absent.
4. Compulsory Maternity Leave
The law obliges all employees to take a minimum of two weeks of maternity leave
immediately after the birth of her child.
5. Notification of pregnancy
In order to be eligible to take maternity leave, an employee must notify her line manager (in
writing) no later than the end of the 15th week before her expected week of childbirth,
this is known as the qualifying week, that:
 she is pregnant
 her expected week of childbirth, and
 the date on which she intends her maternity leave to start, and will
 provide a Certificate of Confinement form MAT B1 from her GP or midwife confirming
her expected date of childbirth, when this is issued usually around the 28th week of
pregnancy
6. Earliest Start Date of Maternity Leave
Ordinary maternity leave can start at any time after the beginning of the 11th week before
an employee’s expected week of childbirth (unless her child is born prematurely before
that date, in which case it will start earlier). Maternity leave will start on whichever date is the
earlier of:
 An employee’s chosen start date;
 The day after an employee gives birth; or
 The day after any day on which an employee is absent for a pregnancy-related
reason in the four weeks before the expected week of childbirth
If an employee gives birth before her maternity leave was due to start, she must notify the
University in writing of the date of the birth as soon as reasonably practicable.
7. Change of maternity leave start date
An employee is permitted to bring forward or postpone her maternity leave start date,
provided that she advises the University in writing at least 28 days before the new start date,
or if that is not possible, as soon as reasonably practicable.
8. Confirmation of maternity leave
Once an employee has provided proper notification (see note 5 above, Notification of
Pregnancy) of her intention to take maternity leave the University will respond in writing
within 28 days acknowledging her intentions and informing her of the date on which she
must return to work after her maternity leave.
9. University Maternity Leave and Pay
University maternity leave and pay (for all categories of staff) is payable for any employee
with more than 41 weeks service at the expected date of birth, and who give a commitment
to return to work following maternity leave. The entitlement will be:
 4 weeks at full pay; followed by
 2 weeks at 90% of full pay; followed by
 20 weeks at 50% of full pay plus Statutory Maternity Pay; followed by
 13 weeks at Statutory Maternity Pay, followed by
 13 weeks unpaid leave
However please note that if an employee fails to return to work for at least three
months after the period of maternity leave, then she will have to repay the nonstatutory element of the maternity pay she has received.
10. Statutory Maternity Pay (SMP)
Statutory Maternity Pay is payable for up to 39 weeks, six weeks at the higher rate and up to
33 weeks at the standard rate (current rates are available from the Payroll Manager), during
maternity leave so long as an employee meets certain conditions:
 They have been continuously employed by the University for at least 26 weeks at the
end of the qualifying week – this is the 15th week before expected week of birth –
and she is still employed during that week
 Their average earnings in the 8 weeks prior to and including the qualifying week are
not less than the lower earnings limit for NI contributions (details available from the
Payroll Manager)
 They are still pregnant 11 weeks before the start of the expected week of childbirth
(or they have already given birth)
 They provide a form MAT B1 stating their expected week of childbirth, and
 They give the University proper notification (see note 5 above, Notification of
Pregnancy) of their pregnancy in accordance with the rules set out in this Overview
of /Guide to Maternity Leave, Pay and Post Maternity Rights.
For the first six weeks, SMP is paid at the higher rate, which is equivalent to 90% of an
employee’s average weekly earnings calculated over the period of eight weeks up to and
including the qualifying week. For the purpose of calculating average weekly earnings, shift
allowances, overtime payments, bonuses and commission are all included.
The standard rate of SMP is paid for the remaining 33 weeks (or less if an employee returns
to work sooner). This is paid at a rate set by the Government for the relevant tax year
(current rates available from the Payroll Manager), or 90% of the employee’s average
weekly earnings calculated over the period of eight weeks up to and including the qualifying
week if this is lower than the Government’s set weekly rate.
If an employee becomes eligible for a pay rise between the start of the original calculation
period and the end of her maternity leave (whether ordinary maternity leave or additional
maternity leave), the higher standard rate of SMP will be recalculated to take account of the
employee’s pay rise, regardless of whether SMP has already been paid. This means that an
employee’s SMP will be recalculated and increased retrospectively or that she may qualify
for SMP if she did not previously.
An employee will be paid a lump sum to make up any difference between SMP already paid
and the amount payable as a result of the pay rise.
Statutory maternity pay is treated as earnings and is therefore subject to PAYE and national
insurance and pension deductions.
Statutory maternity pay is payable whether or not an employee intends to return to work after
her maternity leave.
11. Maternity Allowance
Employees who are not entitled to SMP may be entitled to receive maternity allowance
payable by the Government. Advice can be obtained from the Payroll Manager or
https://www.gov.uk/maternity-allowance/overview
12. University Fixed Days and/or public holidays occurring during paid maternity
leave
An employee will be given additional days of leave, pro rata if an employee is part time, for
any University Fixed Days and/or public holidays that occur during either her ordinary or
additional maternity leave. These days of leave will be added to an employee’s annual leave
for the year in which they return to work, and can be booked through the normal system of
requesting leave with their line manager.
13. Keeping in touch during maternity leave
The University is entitled to make reasonable contact with an employee on maternity leave
to help them plan their return to work, to discuss any special arrangements to be made or
training to be given to ease her return to work or simply update her on developments at work
during her absence. The line manager and employee will agree the preferred method e.g.
email, telephone, prior to the maternity leave commencing.
14. Optional Keeping In Touch Days (KIT Days)
Optional Keeping In Touch Days (KIT days) have been introduced which will enable an
employee on maternity leave to come into work to keep in touch and/or undertake training
for up to a maximum of 10 days during the maternity leave period without her losing the right
to statutory maternity pay or bringing her maternity leave period to an end. An employee can
work for one hour or a whole day on a KIT day. Any work carried out on a day shall
constitute a day’s work for these purposes. The University has no right to demand any KIT
work is undertaken and an employee has no right to undertake any such work without her
line manager’s agreement. Keeping In Touch days can be taken at any time during maternity
leave period, apart from during the 2 week compulsory maternity leave period.
Statutory maternity pay will continue to be paid during the week any keeping in touch work is
carried out. Keeping in touch days will be paid at an employee’s normal rate of pay, and if an
employee is receiving SMP/University maternity pay, this will continue to be paid, but the
amount will be counted towards the contractual pay. However if an employee is not carrying
out their normal duties for the keeping in touch work, then she will be paid at an amount to
reflect the work she has done.
Any Keeping In Touch Days worked do not extend the period of maternity leave. Once the
keeping in touch days have been used up, an employee will lose a week’s SMP for any
week in which she agrees to work for the University.
15. Returning to work
Whilst an employee is under no obligation to do so, it would assist the University if she
confirms as soon as convenient during her maternity leave that she will be returning to work
as expected.
16. Mentoring on return to work
There may be occasions when the University offers staff who has recently returned from
long term absence or whose role is undergoing change the opportunity to have a mentor.
The mentor is there to support them as they settle back into work and this includes staff
returning from maternity, adoption or shared parental leave. If this is something that is of
interest to you, please discuss this with your line manager in the first instance.
17. Breastfeeding/bottle feeding on return to work
An employee who is planning to breastfeed/bottle feed their baby on return to work needs to
let the University know, in writing, before they return, so that there is time to plan with them
what support can be offered, e.g. an appropriate private space for them to use where they
can feed their baby.
18. Returning to work earlier than expected
If an employee wishes to return to work earlier than the expected return date, she must give
the University at least eight weeks/56 days’ notice of her date of early return, preferably in
writing. If she fails to do so the University can postpone her return to ensure proper notice,
so long as this doesn’t delay return beyond original date.
19. Returning to work later than expected
An employee will be formally advised in writing by the University of the date on which she is
expected to return to work. An employee is expected to return on this date or at the end of
her additional maternity leave if this date is later and she gives at least 56 days’ notice of her
intention, but she may not postpone her return beyond this date without the agreement of
her line manager/head of department.
20. Return to work delayed by sickness at the end of maternity leave
If an employee is unable to attend work at the end of her maternity leave period due to
sickness or injury, the University’s normal arrangements for sickness absence will apply, e.g.
an employee should contact her line manager on the first day of absence. In any other case,
late return without prior authorization will be treated as unauthorized absence.
21. Not returning to work/resignation
If an employee decides not to return to work after maternity leave, she must give notice of
resignation as soon as possible and in accordance with the terms of her contract of
employment. If the notice period would expire after maternity leave has ended, the University
may require the employee to return to work for the remainder of the notice period
However please note that if an employee fails to return to work for at least three
months after the period of maternity leave, then she will have to repay the nonstatutory element of the maternity pay she has received.
22. Increments, Pay Awards and Contribution Related Pay
Any Increments, Pay Awards or Performance Related Pay that become effective during an
employee’s maternity leave period will be actioned within the month they become effective,
or if this is not practicable then as soon as reasonably possible.
23. Pension during maternity
Local Government Pension Scheme
An employee’s pension contributions will continue to be made during her paid ordinary and
additional maternity leave. However, during additional unpaid maternity leave pension
contributions will be suspended. An employee will therefore have a break in pensionable
service unless they elect to make additional equivalent payments to fill the gap. An
employee will have the options to buy back periods of unpaid leave and details can be found
on the www.lgps2014.org.uk Please contact the Human Resources Department if you
require any assistance with this. Please note under current regulations if you buy back any
authorised unpaid leave within 30 days of returning to work, the University will cover the
employer’s corresponding contribution.
Teachers Pensions
An employee’s contributions will continue to be made during paid maternity leave. During
any period of unpaid leave, including unpaid maternity leave, both the employee’s and
employer’s contributions will stop. On return to work the scheme provides a number of
options to address any unpensionable service. Employees are advised to contact Teachers
Pensions for further information www.teacherspensions.co.uk
24. Additional Rights following maternity leave
Right to request flexible working patterns
 From 30th June 2014, changes brought in by the Children and Families Act 2014
mean that, employees are no longer required to have parental responsibility for a
child under the age of 17 (or 18 where the child is disabled) or caring responsibilities
for an adult aged 18 or over to make a request to work flexibly. The right is available
to all employees who have at least 26 weeks' continuous service, and the University
has a statutory duty to seriously consider an employee’s application.
 This new legal right mirrors the approach the University has adopted over a number
of years, in that the University will seriously consider flexible working requests from
all staff no matter what their length of service, wherever reasonably practical. It is
important to note that any change agreed becomes a permanent change to an
employee’s contract, although parents have the right to make one request in each 12
month period.
 Any requests for such changes should be raised with your immediate line manager
by completing the Flexible Working Request Form. The form and policy are available
online from the HR web pages at: http://www.worc.ac.uk/hr/684.htm or from the HR
Department.
Parental Leave, 18 weeks unpaid
The right to parental leave entitles all parents who have one year’s service with their
employer to take a period of:
 up to 18 weeks unpaid leave (in total, not per year) to care for each of their children,
up to the child’s eighteenth birthday, or up to eighteen years after the placement date
of an adopted child; or
 Parental leave may be taken in blocks or multiples of one week only, subject to a
maximum of four weeks' parental leave in any one year - unless the employee's child
has been awarded disability living allowance, in which case the leave may be taken
one day at a time or in blocks or multiples of one day.
 The right applies to mothers and fathers and to a person who has obtained formal
parental responsibility for a child under the Children Act. Parents are able to start
taking parental leave as soon as the child is born or placed for adoption, or as soon
as they have completed the required one year’s qualifying service with their
employer, whichever is later.
Right to unpaid time off for Family Emergency – this right applies to all employees
In many cases an employee has the right to take time off work to deal with an emergency
involving someone who depends on them. A husband, wife or partner, child or parent, or
someone living with them as part of their family can all be considered as depending on them.
Others who rely solely on them for help in an emergency may also qualify. An employee can
also take time off if a dependant dies and they need to make funeral arrangements or attend
the funeral.
The amount of time an employee can take off is as long as it takes to deal with the
immediate emergency. For example, if their child falls ill they can take enough time off to
deal with its' initial needs, such as taking them to the doctor and arranging for their care. But
an employee will need to make other arrangements if they want to stay off work longer to
care for them themselves.
25. University Childcare Provision
The University has a fee-paying nursery ‘Unitots’ which is available to all employees and
students. The Nursery is located on the University St John’s campus. It is self-contained and
has a large outdoor area. The Nursery is registered with Ofsted to provide day care for 36
children aged from 3 months to 5 years. It is open Monday – Friday, 8am – 6pm, 50 weeks
of the year, excluding bank holidays and University fixed holidays. For further information an
employee should contact the nursery on: 01905 855277 or email: [email protected]
26. Childcare Vouchers – Salary Sacrifice
The University operates the childcare voucher scheme where any University of Worcester
employee who is a parent of a child under 16 can apply for childcare vouchers up to the
current value of £243 per month/£55 per week (for each parent) free from NI and income tax.
An employee’s gross salary is reduced by the value of the vouchers they choose to take and
employees are required to sign up for a 12 month period, though an opt out is provided for
life changing events that may occur. The vouchers can be used for any childcare service,
provided they are officially registered. This includes the services provided at the University,
e.g. the nursery and vacation schemes.
Potential Changes to Childcare Voucher Schemes
The Government has indicated potential changes to Childcare Voucher Schemes and these
have now been delayed until early 2017. In the meantime our existing Childcare Voucher
scheme will continue to operate, and we will provide further information on the changes as
they become available. You will find a link for childcare vouchers under item 29 of this
document, ‘Useful sources of information’.
27. Childcare Salary Sacrifice
As the University operates a registered workplace nursery we are able to offer employees
who use this facility the option for a free nursery place in return for taking a reduction in
basic pay, usually equivalent to that of their nursery fees. The scheme works because under
current legislation the provision of a free place at a qualifying workplace nursery does not
give rise to a taxable benefit in kind – in effect the employee swaps taxable pay for a nontaxable benefit (the free nursery place) resulting in savings in tax and NI. The total tax and
NI saving is shared between the employee and the University to produce the mutual benefits
under the scheme. Because the scheme depends on tax savings it is therefore only suitable
for an employee if they pay tax on their University salary.
28. University school vacation schemes
The University offers an array of activities throughout the holiday periods, these include our
own camps and those linked with our community partners. These include; Worcester Wolves
Basketball, West Bromwich FC, Flics Gymnastics, Rhythmic Gymnastics, Netball and more.
Employees can obtain details of these from the Sports Facilities Manager, please email
[email protected] for more information.
29. Parking Permits
Please note that during the period of any maternity/adoption or shared parental leave any
monthly parking payments deducted from your salary will continue, unless you elect to
withdraw via email or letter. Employees need to return their parking pass to Finance in order
for deductions to cease. Further information is available on the finance pages at
http://www.worc.ac.uk/finance/38.htm
30. Useful sources of information:
Benefits Agency – local Worcester office 01905 684600 Haswell House, Sansome Street
Worcester WR1 1UZ http://local.dwp.gov.uk/worcester/
Childcare Vouchers http://www.moneysavingexpert.com/family/childcare-vouchers
Family Information Service (FIS) – provides a wide range of free family information and
advice to parents and carers of children aged 0-19, and up to 24 for those with a learning
difficulty and/or disability. www.whub.org.uk/cms/family-information-service.aspx
Gov.UK site provides Tailored Interactive Guidance on all employment rights including
maternity, paternity, adoption and shared parental leave.
http://www.gov.uk
Health and Safety Executive offer advice on maternity/pregnancy and health and safety
08701 545 500 (8am – 6pm) http://www.hse.gov.uk
National Childbirth Trust a registered charity which offer advice on pregnancy and baby
care, and can be contacted on: 0870 444 8709 http://www.nct.org.uk
HR Department – please contact one of the HR Advisers to discuss any queries or
concerns you have: 01905 85(5175) or [email protected]
The Advisory, Conciliation and Arbitration Service (acas) offer free, confidential and
impartial advice on employment rights issues. You can call the acas helpline on 08457 47 47
47 from 8.00 am to 6.00 pm Monday to Friday. www.acas.org.uk
The Trade Union Council (TUC) publishes a series of free booklets explaining your
rights at work, including maternity: www.tuc.org.uk
Working Families advice for parents, carers and employers on balancing work and family
life, including a free parents and carers helpline 0300 012 0312
[email protected]